Employment Law and Labour Law

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Court Grants Conditional Certification Of Mortgage Underwriter’s Collective Action
A federal court in Georgia granted conditional certification of an FLSA collective action involving mortgage underwriters who alleged they were misclassified as exempt employees and denied overtime pay. The decision underscores the lenient evidentiary standard applied at the conditional certification stage and highlights the risks employers face when classifying employees under the FLSA's administrative exemption without demonstrating meaningful discretion in job duties.
United States Employment
DM
Duane Morris LLP
Article
New York Enacts Law Significantly Expanding Employee Access To Personnel Files
New York has enacted a new law that will provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, adds new Section 210-b to the New York Labor Law and will take effect on November 8, 2026.
United States Employment
M
Mintz
Article
OFCCP Final Rule Eliminates Additional Affirmative Action Compliance Requirements For Federal Contractors And Subcontractors
On August 21, 2026, the U.S. Department of Labor’s (DOL) Office of the Federal Contract Compliance Programs (OFCCP) published a Final Rule on Section 503 of the Rehabilitation Act. The Final Rule goes into effect on September 21 and eliminates several established disability-related requirements instrumental to federal contractors and subcontractors’ compliance programs.
United States Employment
RB
Reinhart Boerner Van Deuren s.c.
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Employee Rights/ Labour Relations

Article
Labels Are Not Enough: Why Calling It ‘Sexual Harassment’ May Not Be Enough To Defeat Arbitration
A California federal court ruled that plaintiffs cannot avoid arbitration simply by labeling their claims as "sexual harassment." The decision requires plaintiffs to plausibly allege conduct that actually constitutes sexual harassment under governing law before the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies. This ruling establishes important limits on attempts to circumvent arbitration agreements through strategic claim labeling.
United States Litigation
GT
Greenberg Traurig, LLP
Article
Court Grants Conditional Certification Of Mortgage Underwriter’s Collective Action
A federal court in Georgia granted conditional certification of an FLSA collective action involving mortgage underwriters who alleged they were misclassified as exempt employees and denied overtime pay. The decision underscores the lenient evidentiary standard applied at the conditional certification stage and highlights the risks employers face when classifying employees under the FLSA's administrative exemption without demonstrating meaningful discretion in job duties.
United States Employment
DM
Duane Morris LLP
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Retirement, Superannuation & Pensions

Article
Robbie Mashburn Discusses 401(k) Investment Rules In The Wall Street Journal
The Labor Department faces a regulatory dilemma as it moves to restrict ESG considerations in 401(k) plans while simultaneously seeking to expand access to private-market investments. This tension creates uncertainty for plan sponsors who must navigate conflicting policy objectives, particularly as many private investment strategies inherently incorporate both financial returns and social or environmental goals.
United States Employment
LL
Liskow & Lewis
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Outsourcing

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Contract of Employment

Article
New York Enacts Law Significantly Expanding Employee Access To Personnel Files
New York has enacted a new law that will provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, adds new Section 210-b to the New York Labor Law and will take effect on November 8, 2026.
United States Employment
M
Mintz
Article
Is Your New Jersey Restrictive Covenant Enforceable? Checklist For Employers
New Jersey employers must ensure their non-compete and non-solicitation agreements meet strict enforceability standards under the Solari/Whitmyer framework. Courts will only uphold restrictive covenants that protect legitimate business interests, impose no undue hardship on employees, and serve the public interest—making careful drafting and strategic deployment essential to avoid litigation vulnerabilities.
United States Employment
JL
Jackson Lewis P.C.
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